[Cite as In re L.W., 2024-Ohio-3228.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BROWN COUNTY
IN RE: :
L.W., et al. : CASE NO. CA2024-04-004
: OPINION 8/26/2024 :
:
APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION Case Nos. 20233006; 20233007
Zachary A. Corbin, Brown County Prosecuting Attorney, and Mary McMullen, Assistant Prosecuting Attorney, for appellee, Brown County Children Services.
Christopher Bazeley, for appellant.
Katlyn Harris, guardian ad litem for children.
Rachel V. Triplett, guardian ad litem for mother.
Julie D. Steddom, for father.
BYRNE, P.J.
{¶ 1} Appellant ("Mother"), the mother of minor children L.W. ("Logan") and L.C. Brown CA2024-04-004
("Landon"), appeals the decision of the Brown County Court of Common Pleas, Juvenile
Division, granting permanent custody of the children to the Brown County Department of
Job and Family Services ("the Agency").1 For the reasons outlined below, we affirm the
juvenile court's decision.
I. Factual and Procedural Background
{¶ 2} Logan was born to Mother in January 2021, and Landon was born to Mother
in September 2022.2 Mother has Triple X Chromosome Syndrome and displays a flat
affect, developmental delays, learning disabilities, and social functioning deficits. As a
result, Mother has had difficulty providing proper care and a stable environment for her
children.
{¶ 3} Landon was diagnosed with retinopathy of prematurity at birth, a serious
eye condition that can lead to blindness without treatment. Mother canceled or failed to
attend five appointments related to Landon's retinopathy between November 23, 2022
and January 31, 2023. Mother additionally canceled hematology and urology
appointments for Landon in January 2023.
{¶ 4} On January 30, 2023, the Agency received a report of Mother's medical
neglect of Landon, and conducted a home visit the same day. The Agency found Landon
left unattended in a bassinet, flat on his back with a blanket and a bottle that had been
propped up. During the visit, Mother informed the Agency that she did not have food for
the children even though she had an allotment of $750 in SNAP benefits. The Agency
also received a report that Mother often runs out of food for the children, and resorts to
giving Landon water when she is out of formula, even though an infant is at risk for
1. "Logan" and "Landon" are pseudonyms adopted in this opinion for purposes of privacy and readability. In re D.P., 12th Dist. Clermont Nos. CA2022-08-043 and CA2022-08-044, 2022-Ohio-4553, ¶ 1, fn. 1.
2. Logan's father is unknown. During the pendency of this case, Landon's father was living separately from Mother. The juvenile court also terminated Landon's father's parental rights, but he did not appeal. -2- Brown CA2024-04-004
hyponatremia if he regularly consumes more than two ounces of water. During the
Agency's engagement with Mother, Mother did not demonstrate an understanding of the
seriousness of Landon's need for medical care, and even informed the Agency that she
had canceled Landon's last retinopathy appointment simply because it fell on her birthday.
On February 2, 2023, the Agency filed a complaint alleging that Logan and Landon were
neglected and dependent. A shelter care hearing was held on the same day, and the
juvenile court granted temporary custody to the Agency.
{¶ 5} On March 6, 2023, Mother stipulated to the complaint and the children were
adjudicated neglected and dependent. On the same day, the Agency filed a case plan
for the family, noting concerns about Landon's medical needs and that Logan had been
exposed to prenatal substance use, neglected, and witnessed domestic violence. Under
the case plan, Mother was directed to cooperate with the Agency in managing her case,
obtain safe and stable housing, obtain steady employment and income, complete a
mental health assessment and follow any recommendations, complete a psychological
evaluation, complete parenting education and follow any recommendations, and
complete a domestic violence assessment with the YWCA.
{¶ 6} Over the course of the case, Mother was only consistent with scheduled
visits with her children so long as transportation was provided by the Agency. She
attended 25 visits and missed 13 visits, mostly due to a lack of transportation. Mother
does not have a driver's license and relies on others for transportation. During visits, the
Agency noted that Mother tended to focus on one child over the other, and struggled to
care for them simultaneously.
{¶ 7} In June 2023, Mother was evicted from her home for allowing people with
illegal substances to be at the residence. Mother subsequently changed residences six
times during the pendency of the case, each time relying on her boyfriend to provide
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housing. Finally, in January 2024, Mother signed a one-year lease for a one-bedroom
apartment in Maysville, Kentucky, with financial assistance from her boyfriend. An
Agency caseworker visited the apartment and noted extensive water damage, mold,
loose flooring, and structural safety concerns, as well as a general lack of cleanliness.
{¶ 8} Mother was unable to maintain a steady job or income. During the
pendency of the case, Mother worked at McDonalds and Dollar General for approximately
two weeks each, and worked at United Dairy Farmers for approximately three weeks, the
longest she had ever been employed. At the time of the permanent custody hearing, she
had just begun a part-time job at Dollar Tree. Mother also attempted to use several
GoFundMe accounts to help pay for child support and medical bills.
{¶ 9} Mother completed a mental health assessment in July 2023, but the results
were invalid due to her lack of truthfulness. The Agency opted not to pay for a full
psychological evaluation due to cost and instead simply directed Mother to pursue mental
health treatment. From August 2023 until January 2024, Mother did not engage in any
mental health services, despite acknowledging that she needed services and potentially
medication for PTSD. Mother was referred for another mental health assessment, but
did not complete it until January 29, 2024, one month after the Agency filed its motion for
permanent custody. The new mental health assessment recommended she undergo
individual treatment for six to twelve months.
{¶ 10} During the pendency of the case, the Agency performed random toxicology
screens on Mother. On July 13, 2023, Mother tested positive for methamphetamines and
amphetamines. On July 19, 2023, Mother tested positive for alcohol and gabapentin, for
which she had no prescription. The Agency advised Mother to seek substance abuse
treatment via the mental health resources she had already been instructed to utilize, but
Mother never pursued substance abuse treatment.
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{¶ 11} Mother satisfied the parenting education and domestic violence
assessment requirements of the case plan. However, when Mother initially enrolled in
the parenting skills enrichment program in March 2023, she failed to complete the
coursework. Mother re-enrolled in October 2023 and completed the program on
December 4, 2023. Nevertheless, the professional clinical counselor assessing Mother
concluded that although she has an "average understanding of parenting basics," she
consistently exhibited poor judgement and would likely continue to struggle to maintain
stable housing and income for her children.
{¶ 12} Due to Mother's lack of progress and cooperation in her case plan, on
December 28, 2023, the Agency filed a motion to terminate temporary custody and award
permanent custody of Logan and Landon to the Agency. On January 2, 2024, Mother
filed a motion to extend temporary custody. On February 15, 2024, a permanent custody
hearing was held, and in an entry journalized on April 16, 2024, the juvenile court awarded
the Agency permanent custody and denied Mother's motion to extend temporary custody.
In so doing, the court found that the children had been in the temporary custody of the
Agency "for 12 out of 22 consecutive months," that "the children cannot be placed with
either parent within a reasonable time," that the "parents have not remedied the conditions
that caused the removal of the children from the home," and that "it is in the children's
best interest that this Court grant the Agency's Motion and terminate the parents' parental
rights."
{¶ 13} Mother appealed, bringing two assignments of error.
II. Legal Analysis
A. Permanent Custody
{¶ 14} Mother's Assignment of Error No. 1 states:
THE JUVENILE COURT'S DECISION TERMINATING
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[MOTHER'S] PARENTAL RIGHTS WAS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.
{¶ 15} On appeal, Mother argues that the juvenile court's decision granting
permanent custody of Logan and Landon to the Agency was not supported by clear and
convincing evidence. Specifically, Mother argues that she remedied the problems that
caused the children to be removed in the first place, and therefore the children can be
placed back in her custody within a reasonable amount of time. Mother asserts (1) she
was able to secure transportation for the children's medical appointments through a
program offered by the State of Kentucky; (2) the "Adult-Adolescent Parenting Inventory-
2.5" (AAPI-2.5) assessment that she completed in the parenting skills program indicated
that she had average parenting skills; (3) she was compliant with her mental health
treatment; (4) she attended the majority of scheduled visits with her children and attended
meetings to discuss their individualized education plans in preschool; and (5) there are
no allegations that she committed any criminal offense where her children were victims.
1. Applicable Law and Standards of Review
{¶ 16} "Before a natural parent's constitutionally protected liberty interest in the
care and custody of [her] child may be terminated, the state is required to prove by clear
and convincing evidence that the statutory standards for permanent custody have been
met." In re M.G., 2023-Ohio-1316, ¶ 44 (12th Dist.); R.C. 2151.414(E). Under R.C.
2151.414(B)(1), the juvenile court may terminate parental rights and award permanent
custody of a child to a children services agency if the court makes findings pursuant to a
two-part test. In re K.P., 2022-Ohio-1347, ¶ 17 (12th Dist.). First, R.C. 2151.414(B)(1)
provides that the juvenile court must find that the grant of permanent custody to the
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agency is in the "best interest" of the child.3 In re M.H., 2022-Ohio-48, ¶ 35 (12th Dist.).
Second, the juvenile court must find that one of the circumstances set forth in R.C.
2151.414(B)(1)(a) to (e) apply. In re R.B., 2022-Ohio-1705, ¶ 31 (12th Dist.). Those
circumstances include: (1) the child is abandoned, R.C. 2151.414(B)(1)(b); (2) the child
is orphaned, R.C. 2151.414(B)(1)(c); (3) the child has been in the temporary custody of
one or more public children services agencies for 12 or more months of a consecutive
22-month period, R.C. 2151.414(B)(1)(d); (4) the child has been removed from the
parents' custody or been adjudicated as abused, neglected, or dependent on three
separate occasions, R.C. 2151.414(B)(1)(e); and (5) the circumstances described in R.C.
2151.414(B)(1)(b), (c), (d), and (e) do not apply, and the child cannot be placed with either
of the child's parents within a reasonable time or should not be placed with the parents,
R.C. 2151.414(B)(1)(a). In re J.B., 2023-Ohio-2454, ¶ 13. Only one of these
circumstances need apply to satisfy the second prong of the two-part permanent custody
test. In re C.S., 2020-Ohio-4414, ¶ 16 (12th Dist.).
{¶ 17} "An appellate court's review of a juvenile court's decision granting
permanent custody is generally limited to considering whether sufficient credible evidence
exists to support the juvenile court's determination." In re A.S., 2019-Ohio-4127, ¶ 19
(12th Dist.). However, "[e]ven if there is sufficient evidence to support the juvenile court's
decision, an appellate court may nevertheless reverse a permanent custody judgment if
it finds the judgment to be against the manifest weight of the evidence." In re G.A., 2023-
3. R.C. 2151.414(D) provides a list of "relevant factors" a court should consider when determining whether permanent custody is in the "best interest" of the child. Those relevant factors include, but are not limited to: "(a) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers, . . . and any other person who may significantly affect the child; (b) the wishes of the child, as expressed directly or through the guardian ad litem, with due regard for the maturity of the child; (c) the custodial history of the child . . . ; [and] (d) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody to the agency . . . ." R.C. 2151.414(D)(1). -7- Brown CA2024-04-004
Ohio-643, ¶ 18 (12th Dist.), citing In re F.S., 2021-Ohio-345, ¶ 61 (12th Dist.). In
determining whether a juvenile court's judgment is against the manifest weight of the
evidence, an appellate court "'weighs the evidence and all reasonable inferences,
considers the credibility of witnesses and determines whether in resolving conflicts in the
evidence, the finder of fact clearly lost its way and created such a manifest miscarriage
of justice that the judgment must be reversed and a new trial ordered.'" In re S.M., 2019-
Ohio-198, ¶ 16 (12th Dist.), quoting Eastley v. Volkman, 2012-Ohio-2179, ¶ 20. The
presumption in weighing the evidence favors the finder of fact, which we are especially
mindful of in custody cases. In re R.K., 2021-Ohio-3074, ¶ 15 (12th Dist.). Therefore, if
the evidence is susceptible to more than one construction, the reviewing court is bound
to give it the interpretation that is consistent with the verdict and judgment. In re D.S.,
2022-Ohio-998, ¶ 63 (12th Dist.).
2. First Part of the Permanent Custody Test: Best Interest Analysis
{¶ 18} Mother does not challenge the juvenile court's finding under R.C.
2151.414(B)(1) that it is in the children's best interest to award permanent custody to the
Agency. Nor does Mother challenge the specific factual findings that the juvenile court
made in support of its best interest finding, including but not limited to its findings that
"Mother got evicted . . . for allowing people with illegal substances to be at [her]
residence," that "Mother had been less than honest with assessors so no [drug] treatment
was effective," and that "the record is void of evidence of Mother successfully establishing
employment."
{¶ 19} Because Mother does not challenge the juvenile court's best interest
finding, we need not review this first part of the permanent custody test further. In re J.B.
at ¶ 16 (declining to review the second part of the permanent custody test when appealing
parent failed to challenge that part of the juvenile court's analysis on appeal); In re
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J.N.L.H., 2022-Ohio-3865, ¶ 26 (12th Dist.) (same); In re L.G., 2022-Ohio-529, ¶ 55, fn.11
(8th Dist.) (stating that "[b]ecause Mother does not specifically challenge the juvenile
court's best-interest determination" the court would not specifically address those
findings). Mother effectively concedes that the trial court's best interest finding was not
erroneous. Nevertheless, we have reviewed the juvenile court's best interest findings and
conclude that they are supported by competent, credible evidence.4 See In re L.J., 2007-
Ohio-5498, ¶ 33 (12th Dist.) ("While appellant does not challenge the magistrate's best
interest findings, we have reviewed these findings and find that they are supported by
competent, credible evidence").
3. Second Part of the Permanent Custody Test
{¶ 20} The main focus of Mother's argument on appeal is that there was not clear
and convincing evidence to support the juvenile court's finding that the children could not
be placed with her within a reasonable period of time. Rather, Mother asserts that she
completed several case plan objectives, demonstrating that she had made substantial
progress toward timely reunification. We disagree.
{¶ 21} With regard to the second part of the permanent custody test—that is,
whether one of the conditions described in R.C. 2151.414(B)(1)(a), (b), (c), (d), or (e) are
met—the juvenile court found that the children had been in the custody of the Agency for
"12 out of 22 consecutive months," and that "the children cannot be placed with either
parent within a reasonable time" because "[t]he parents have not remedied the conditions
that caused the removal of the children from the home." These were references to the
conditions described in R.C. 2151.414(B)(1)(d) and (a), respectively.
4. Even if we were to generously interpret Mother's argument—which focuses on her assertions that she completed various case plan objectives—as challenging the juvenile court's best interest finding, based on our thorough review of the record, we find that the juvenile court's best interest finding was not erroneous. We reach this finding for the same reasons discussed below with respect to the juvenile court's R.C. 2151.414(B)(1)(a) finding. -9- Brown CA2024-04-004
{¶ 22} The Ohio Supreme Court has explained that when determining whether a
child has been in an agency's custody for 12 of the previous 22 months, the relevant time
period to consider is the 22 months prior to the date the permanent custody motion was
filed, not the date the judgment entry was journalized. In re C.W., 2004-Ohio-6411, ¶ 26.
Here, the children were placed in the agency's temporary custody on February 2, 2023,
and the Agency filed its motion for permanent custody on December 28, 2023, just under
11 months later. Therefore, when the Agency filed its motion for permanent custody the
children had not been in the Agency's temporary custody for 12 of the previous 22
months. The juvenile court therefore erred in finding that the "12 of 22" condition of R.C.
2151.414(B)(1)(d) was met.
{¶ 23} Nevertheless, the juvenile court also found that the children could not be
placed with Mother within a reasonable period of time, pursuant to R.C.
2151.414(B)(1)(a). This finding, as long as it is supported by clear and convincing
evidence, obviated the need for the Agency to wait more than 12 months before moving
for permanent custody and rendered the juvenile court's "12 of 22" error harmless. In re
D.C., 2015-Ohio-3178, ¶ 34 (12th Dist.) ("[W]hile the juvenile court erred in finding that
[the child] had been in the temporary custody of the agency for more than 12 months of
a consecutive 22-month period, the error was harmless as such a finding is unnecessary
to a determination that the children cannot or should not be placed with either parent").
Only one of the circumstances set forth in R.C. 2151.414(B)(1)(a) to (e) needs to apply in
order to satisfy the second prong of the two-part permanent custody test. In re C.S. at ¶
16. We find that the juvenile court's R.C. 2151.414(B)(1)(a) finding was supported by
clear and convincing evidence.
{¶ 24} First, R.C. 2151.414(B)(1)(a), by its clear language, only applies when the
circumstances described in R.C. 2151.414(B)(1)(b), (c), (d), and (e) do not apply. We
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have already determined that the "12 of 22" circumstance described in R.C.
2151.414(B)(1)(d) does not apply here, and no party has argued that the circumstances
in R.C. 2151.414(B)(1)(b), (c), or (e) apply here.
{¶ 25} Second, R.C. 2151.414(B)(1)(a) applies when "the child cannot be placed
with either of the child's parents within a reasonable time or should not be placed with the
child's parents." R.C. 2151.414(E) sets forth a non-exclusive listing of factors the juvenile
court shall consider in reaching this conclusion. The juvenile court need only find the
existence of one of the enumerated R.C. 2151.414(E) factors. In re D.C. at ¶ 31. The
factors provided in R.C. 2151.414(E)(1) and (4) are relevant here:
Following the placement of the child outside the child's home and notwithstanding reasonable case planning and diligent efforts by the agency to assist the parents to remedy the problems that initially caused the child to be placed outside the home, the parent has failed continuously and repeatedly to substantially remedy the conditions causing the child to be placed outside the child's home. In determining whether the parents have substantially remedied those conditions, the court shall consider parental utilization of medical, psychiatric, psychological, and other social and rehabilitative services and material resources that were made available to the parents for the purpose of changing parental conduct to allow them to resume and maintain parental duties.
...
(4) The parent has demonstrated a lack of commitment toward the child by failing to regularly support, visit, or communicate with the child when able to do so, or by other actions showing an unwillingness to provide an adequate permanent home for the child;
{¶ 26} For the reasons set forth below, both of these factors are clearly and
convincingly supported by the evidence in the record.
{¶ 27} With regard to R.C. 2151.414(E)(1), Mother asserts that she has been fully
compliant with her mental health treatment and completed the parenting class mandated
in her case plan. However, the record reveals that Mother failed to fully utilize the mental
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health services and social services that were provided in the case plan. Mother's efforts
were too little and too late.
{¶ 28} Mother's mental health providers determined that she lied during her July
2023 mental health assessment, and Mother was ordered to repeat the assessment—yet
from August 2023 until January 2024, Mother did not engage in any mental health
services, despite acknowledging that she needed treatment and medication. The Agency
also advised Mother, who had tested positive for illegal substances, to seek substance
abuse treatment through the same mental health resources, but she never did. Mother
only completed the mental health assessment on January 29, 2024, one month after the
Agency filed its motion for permanent custody. Further, the assessment recommended
she undergo individual treatment for an additional six to twelve months. Mother failed to
make substantial progress in her mental health treatment.
{¶ 29} Mother's efforts in parenting education were similarly lacking. The juvenile
court found that "Mother engaged in parenting education classes at least three times and
did not complete it. Just before trial she signed up again and completed the program."
Even so, the program's director concluded that Mother "consistently exhibits poor
judgment" and expressed ongoing concerns for Mother's ability to "meet her own basic
needs as well as the children's needs." Mother's lacking parenting skills were evident
during scheduled visits with the children, where she struggled to care for both children
simultaneously and tended to focus on one child over the other. Mother failed to make
substantial progress in her parenting education. We find that the conditions described in
R.C. 2151.414(E)(1) were established by clear and convincing evidence.
{¶ 30} With regard to R.C. 2151.414(E)(4), Mother failed to obtain stable housing
and employment in order to be able to care for her children. The juvenile the court found
that in June 2023, during the pendency of the case, Mother was evicted from her home
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for allowing people with illegal substances to be at the residence. Mother subsequently
changed residences six times, each time relying on her boyfriend for housing and financial
support. The Agency's caseworker testified that Mother's latest residence exhibited
extensive health and safety concerns, including water damage, mold, loose flooring,
structural safety concerns, and a general lack of cleanliness. It was unsuitable for housing
children. The juvenile court also found that Mother has been unable to maintain gainful
employment. Mother has only held various fast food and convenience store jobs for a
few weeks at a time before being fired, in part due to poor attendance. The longest stretch
of time Mother was employed was only three weeks. Mother does not have the means
to provide an adequate permanent home for the children. The conditions described in
R.C. 2151.414(E)(4) were established by clear and convincing evidence.
{¶ 31} The juvenile court properly found that Logan and Landon could not be
placed with Mother within a reasonable period of time as Mother failed to remedy the
conditions that led to the children's removal, and Mother demonstrated an unwillingness
or inability to provide an adequate permanent home.
{¶ 32} The juvenile court satisfied both parts of the permanent custody test and its
findings were supported by clear and convincing evidence. Mother's first assignment of
error is overruled.
B. Extension of Temporary Custody
{¶ 33} Mother's Assignment of Error No. 2 states:
THE JUVENILE COURT'S DECISION OVERRULING [MOTHER'S] MOTION TO EXTEND TEMPORARY CUSTODY WAS AN ABUSE OF DISCRETION
{¶ 34} In her second assignment of error, Mother claims that the juvenile court
abused its discretion by overruling her motion to extend temporary custody. Mother
asserts that she needed more time to complete the requirements of the case plan and
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her request was reasonable given that the Agency filed its motion for permanent custody
of the children less than twelve months after taking temporary custody. We disagree.
{¶ 35} Pursuant to R.C. 2151.415(D) and Juv.R. 14, a juvenile court may extend a
temporary custody order for a period of six months if it determines, by clear and
convincing evidence, that the extension (1) is in the best interest of the child, (2) there
has been significant progress on the case plan of the child, and (3) there is reasonable
cause to believe that the child will be reunified with one of the parents or otherwise
permanently placed within the period of extension. See In re T.W., 2017-Ohio-8268, ¶
24 (12th Dist.). "'Notably the [extension] statute provides only that the juvenile court may
extend the temporary custody order, not that it must do so.'" (Emphasis sic.) Id. at ¶ 25,
quoting In re H.G., 2015-Ohio-1764, ¶ 20 (12th Dist.). A juvenile court's decision to grant
or deny a request for an extension of temporary custody is therefore reviewed under an
abuse-of-discretion standard. Id. An abuse of discretion is more than an error of law or
judgment; it implies the attitude of the court was unreasonable, arbitrary, or
unconscionable. Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
{¶ 36} Here, the trial court correctly found that Mother had made no substantial
progress toward reunification that would warrant an extension. In the eleven months from
the time the Agency took temporary custody of the children until Mother filed her motion
for an extension, she tested positive for illegal substances, failed to consistently pursue
mental health or substance abuse treatment, failed to obtain steady employment, failed
to obtain steady and safe housing, failed to attend a significant number of scheduled visits
with her children, and generally failed to remedy the circumstances that caused her
children to be removed from her custody in the first place. "'[A] juvenile court is not
required to prolong the custody proceedings for a parent to begin to cooperate in the case
planning process.' This is especially true where the evidence introduced at the permanent
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custody hearing demonstrated it was in the children's best interest for permanent custody
to be granted." In re I.C., 2022-Ohio-3101, ¶ 53 (12th Dist.), quoting In re May, 2019-
Ohio-3601, ¶ 30 (6th Dist.). We can speculate that Mother might one day resolve her
problems with mental health, substance abuse, employment, and housing, but "the
juvenile court did not err by refusing to make her children exchange a distant and
speculative hope for stability and permanency now." In re J.B., at ¶ 32.
{¶ 37} Accordingly, we find that extension was not in the best interest of the
children, Mother failed to make significant progress on the case plan, and there is no
reasonable cause to believe reunification would occur within the period of extension.
Therefore, the juvenile court did not abuse its discretion in overruling Mother's motion to
extend temporary custody. Mother's second assignment of error is overruled.
III. Conclusion
{¶ 38} In light of the foregoing, we conclude the juvenile court did not err by
determining that it was in Logan and Landon's best interest to grant permanent custody
to the Agency. As such, we find the juvenile court's decision to grant permanent custody
of Logan and Landon to the Agency was supported by clear and convincing evidence and
was not against the manifest weight of the evidence. Both of Mother's assignments of
error are overruled.
{¶ 39} Judgment affirmed.
HENDRICKSON and M. POWELL, JJ., concur.
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